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HomeMy WebLinkAbout2010-07-22 Open Space Commission Minutes Approved COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lliu'e Civic Center, Moikeha Building Meeting Room 2A/213 MINUTES A regular meeting of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission of the County of Kaua'i was held on July 22, 2010, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Linda Dela Cruz, Eugene Punzal, and Johanna Ventura. The following Commissioners were absent: Beryl Blaich and three (vacancies). The following staff members were present: Nani Sadora and Duke Nakamatsu. CALL TO ORDER Chair Souza called the meeting to order at 1:21 p.m. APPROVAL OF AGENDA Chair Souza requested taking public testimony on annual survey first on the agenda. MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to approve the agenda as amended. All were in favor by unanimous voice vote — motion passed. NEW BUSINESS (For Action) Public testimony on annual survey. The Commission received public testimony from Dr. Donald Kawane of Kalaheo. Dr. Kawane expressed concerns regarding areas on the South shore, mainly between Port Allen and Lawa'i Kai. He submitted a letter a year ago including news articles, a copy of the Hawaii Revised Statutes regarding public access to the shoreline, and a 1 copy of the right of entry application to McBryde Sugar Company for the Numilla/Lawa'i Kai area. He questioned why permits are necessary if the intent of the entry is to access the shoreline for fishing or picnicking with the family. He stated that A&B controls the area from the Lru'e side of Glass Beach all the way to Lawa'i Kai. He said there are two gates, one before Kaua'i Coffee Company and another where there is a guard house for people to sign and in and out when they access the property. He said the property is open to the public with permits, by motor vehicle only, and they do not allow walking, jogging, or ATVs on the property. He noted that there was problem with vandalism and he understood why security is necessary, but he said that they no longer use cane haul trucks on the roads and didn't feel that traffic is a problem during harvesting periods. He stated that he obtained material from Gary Hooser's office a year ago regarding public access and the public's right to access the shoreline. He said that Chapter 115-3 indicates a distance at reasonable intervals taking into consideration the topography and physical characteristics of the land the public is desirous of reaching. In areas where the nature of the topography is such that there is no reasonable safe transit for public below the private property line, the Counties by condemnation shall establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide. He noted that the application restricts access to motor vehicles, but if there is supposed to be six foot corridor, they would need to allow entry by foot. He stated that there would need to be reasonable access intervals from Port Allen and he requested that the Commission consider recommending acquisition of land by condemnation for the public to access. Commissioner Ventura questioned Dr. Kawane's understanding that each person entering is required to be permitted including any guests in the same car. Dr. Kawane stated that it was his understanding that each person entering would be required to have a permit. Commissioner Ventura asked Dr. Kawane what he felt would be the most important concession for the community. Dr. Kawane stated felt the public should be permitted to enter with their cars without permits, but still sign in and out. He noted that it would be difficult for anyone to hide since there is security. He said by not allowing access by bicycle or walking, it eliminates 90 percent of people that used to access the area. Commissioner Ventura clarified that the idea of a permit is redundant to going through the gate because you still have to check in and out. Dr. Kawane stated that the best time to fish would be before the sun comes up or just after sundown. He feels that the permit conditions are so restricted that people have been turned off from accessing the beach. He felt that there are multiple areas of abuse within the Statutes and access would be appreciated by the community, especially when the community has backed the land owner in the past. 2 Chair Souza noted that the application stated that it is for the person who is issued the permit and passengers would include only their spouse and children under age 18. Any additional passengers would need to have their own permit. She requested that staff assemble maps and photos of the area from Port Allen to Lawa`i Kai and asked that Dr. Kawane and other community members attend the next meeting to describe the areas of interest and discuss possible solutions. Commissioner Ventura suggested initiating a conversation with the land owner regarding the permit process. She felt that the land owner could enter into a dialog with the community without losing their grasp of the security concerns. She stated that maps of the area for the Commission's reference would also be great. Ms. Sadora suggested re-dating and re-submitting Dr. Kawane's letter from last year. The Commission thanked Dr. Kawane for his testimony. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 6/24/10 and 7/08/10, and executive session minutes of 5/27/10 and 6/24/10. Regular meeting minutes of 6/24/10 —Approved. MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to approve the 6/24/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. Regular meeting minutes of 7/08/10 —Approved. MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to approve the 7/08/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. Executive session minutes of 5/27/10 and 6/24/10 - Deferred. The Commission deferred approval of the executive session minutes to request clarification from the County Attorney. MOTION: It was moved by Johanna Ventura and seconded by Eugene Punzal to defer approval of the 5/27/10 and 6/24/10 executive session minutes. All were in favor by unanimous voice vote — motion passed. 3 ANNOUNCEMENTS Ms. Sadora announced that the Hawai'i CZM program was holding a public meeting at Wilcox Elementary School from 7-9:00 p.m. Chair Souza stated that she was planning to attend the meeting and that there would be public access issues discussed. She said there was also a link to their comprehensive survey. The Commission agreed to take Commission Education out of order to accommodate the guest speaker. COMMISSION EDUCATION Briefing and discussion from Kaua'i Visitors Bureau regarding the visitor industry and impact on public access, open space, & natural resource areas. The Commission welcomed Sue Kanoho, executive director from the Kauai Visitors Bureau. Chair Souza stated that during the field trips that the Commission conducts each year, they have observed a tendency for visitors to go off the beaten path, especially in the Tunnels Beach area where there is limited parking and no formal access. She said they also noted that signage was an issue. Ms. Kanoho stated that the Kaua'i Visitors Bureau is a private, non-profit organization and is a division of the Hawai'i Visitors and Convention Bureau. She said that they are the marketing division of the Hawai'i Tourism Authority and part of the transient accommodation tax funds the Hawaii Tourism Authority. She noted that the length of stay on Kaua'i when she first started working for the Bureau was about 4 days and it is now up to 7 days. She also noted that the majority of the visitor plant inventory consists of individual vacation units or vacation rentals. Commissioner Ventura stated that the Commission's concern was not the actual occupancy rates, but how they are computed. Ms. Kanoho stated that occupancy rates are based on hotel and condos not including vacation rentals. She stated that the rates only include about a third of the actual island. She stated that Kauai currently has 9,203 units in operation. She stated that visitors are discouraged from going to Queen's Bath and Kipu Falls because they are very dangerous for visitors. She said her biggest challenge regarding the guide books is that they don't listen to her. She said they try to encourage visitors to go to beaches where there are lifeguards. 4 Chair Souza stated that some of the Commissioners felt that there are levels of acceptable change. She questioned at what point they become unacceptable. She said there are different capacity levels depending upon what you are willing to accept. Ms. Kanoho felt that if Kaua'i is not careful it could ruin what people come here for. Chair Souza questioned what trends Ms. Kanoho saw in terms of visitor behavior. She noted that visitors are a large segment of people who use the accesses. Ms. Kanoho noted that many hotels are now time shares. She also noted that the Japanese visitor count is also down from 20-30% to 5-6%. Another trend is short booking windows and people only willing to pay so much for airfare. She said that Kaua'i is up against other destinations online and we are primarily a California based market. Chair Souza questioned how the decrease in Japanese tourists has affected behavior. Ms. Kanoho stated that Kauai is more about activities and enjoying the island. She stated that the Bureau promotes activities that are members. She noted that visitor expectations are different today than 20 years ago and are associated with room costs. Commissioner Ventura pointed out that 'Anini appears to be misleading to visitors because it seems to be mellow and shallow, but there have been numerous drownings that have occurred there and there are no lifeguards at that beach. Ms. Kanoho stated that she has written to all of the guide books and expressed her concerns over Kipu Falls, Queen's Bath, and for water safety. Chair Souza asked Ms. Kanoho for any suggestions on how the Commission could make recommendations on how to use the fund to increase inventory of trails and potential park areas. Ms. Kanoho felt that things that are clear and stated like the bike path are good. She felt that it is also the responsibility of the resorts to educate their guests. Commissioner Ventura questioned the categories of complaints from visitors and if there are categories for overcrowding or lack of accesses. She stated that although the Commission is primarily interested in garnering resident accesses, they are impacted by visitors. Ms. Kanoho stated that people have been commenting on the lack of aloha. She stated that agriculture has been good for the island because it has kept it green and beautiful. She said there was a trend prior to the downturn that people were mean and people were rude. She said Kaua'i has an opportunity to turn the people around. 5 Chair Souza informed Ms. Kanoho that the Commission has a task group to comprise a long range open space plan because there are limitations to what can be addressed in the annual list. Ms. Kanoho stated that the Kaua'i Visitors Bureau does not tell people to go to Kipu Falls or Queen's Bath. She felt that people need to be better educated. Chair Souza questioned whether there have been any requests to improve the access to Secret Beach. Ms. Kanoho stated that nobody has requested improvements to Secret Beach and the Visitors Bureau has been careful not to refer people to those areas. Commissioner Ventura questioned where she could find more information about the Visitors Bureau's strategic directions towards accesses and natural resources. Ms. Kanoho stated that more information can be obtained at www.hawaiivisitorsauthoritV.org. She said there is commerce involved in what the Visitors Bureau does, but they try to do the right things. She welcomed any ideas that the Commission could provide and acknowledged that the guide books have been problematic. Chair Souza stated that the Commission was also considering communicating with the agencies that issue the guide books. The Commission thanked Ms. Kanoho. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that the Council interviewed an applicant for their appointed seat. She stated that the Boards & Commissions office is actively looking and committed to the end of August to fill the Mayor appointed seat. Chair Souza stated that the Mayor questioned if he could appoint someone who was previously appointed by the Council whose term has expired. Commissioner Kinnaman stated that she believed there was a waiting period between Commission appointments. Ms. Sadora stated that she would follow up. 6 Update and discussion of the 2010 public input process pursuant to Ordinance No. 812 for developing and annual list of priority projects to be reported (2010 Report) to the Kaua'i County Council and the Mayor. Ms. Sadora stated that 17 online surveys have been received and one paper survey. She noted that from being at the community association meeting and from being in the public, the community has stated that they have seen the ads. Chair Souza requested tracking the number of paper surveys that are given out. She stated that she will be at the Kapa'a-Wailua community association meeting at 2:00 p.m. on Saturday. Commissioner Dela Cruz stated that she would provide staff with the contact number for the Kekaha Community Association. Commissioner Ventura requested an electronic version of the press release to forward to the Ha'ena/Hanalei community association that they can email to their members. She stated that she drafted a 30 second PSA to submit to the radio stations and Ho'ike. Chair Souza reported that as a result of the newspaper ad, she and Vice Chair Kinnaman were invited to speak about the survey and the Commission on the Mayor's Ho'ike show. She said they discussed the survey, the importance of public input, and the Commission's accomplishments including the Black Pot expansion. Update and discussion of the Commission's work plan/timeline of events and activities through 2010, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes, and proposals. There were no updates from staff regarding education sessions from the DLNR. Chair Souza thanked Ms. Sadora for arranging the session with the Kaua'i Visitors Bureau. Review and discussion on 3/11/10 North shore field trip. Commissioner Ventura requested the most recent version of the North shore field trip report. She stated that she will also request notes from Commissioner Blaich. NEW BUSINESS (For Action) Appointment of members to the Commission's investigative team regarding Open Space Plan. 7 Chair Souza requested that staff consult with the County Attorneys office whether Commissioner Blaich could participate on the task force as a public volunteer since her holdover expires at the end of the month. She noted that Commissioner Blaich has been working on the project for a while. The task group agreed that they were okay with three members for the moment. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza stated that Dr. Kawane has been invited to discuss possible proposals for the Port Allen to Lawa`i Kai area. She suggested that an investigative team be appointed to work with Dr. Kawane if he would be unable to attend the next meeting. ADJOURNMENT MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 4:00 p.m. Respectfully submitted by: f e Duke Nakamatsu, Support Clerk 8